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What is needed to set up a conservatorship?

On Behalf of | Feb 24, 2022 | Estate Planning

In California, a conservatorship is a protective proceeding for an adult. Conservators handle all medical and financial affairs for conservatees because they cannot care for themselves.

The process of filing for a conservatorship is complex. If you intend to file a petition for conservatorship, you should understand what you need and what to expect.

Types of conservatorship

There are three types of conservatorship:

  1. A limited conservatorship is typically set up for people with developmental disabilities.
  2. general conservatorship is often for an elderly person.
  3. An LPS conservatorship is generally for those suffering from serious mental illness.

All three follow the same filing steps.

Steps for filing a conservatorship

There are seven steps to filing a conservatorship:

  1. File a petition that includes all the relevant names and the reason for filing.
  2. File a supplemental information form that thoroughly describes why the conservatee is not capable of caring for themselves.
  3. File a confidential conservatorship screening form that questions the relationship between the potential conservator and conservatee and includes a criminal background check of the conservator.
  4. File a signed duties of conservator form that outlines what the conservator does for the conservatee.
  5. Inform the potential conservatee by serving notice with a copy of the petition.
  6. Notify the conservatee’s relatives with a written statement about the court hearing for the conservatorship.
  7. Obtain a bond to protect the conservatee from any wrongdoing by the conservator.

The position of a conservator is extremely important. A judge will decide whether or not to grant a conservatorship, and the process may take up to 60 days.